Hayley Trim's Analysis: Disabled Children, Threshold and the Unique Case of Re K

In the recent case of Re K [2012] EWHC FLR Forthcoming Hedley J had some very interesting things to say about the role of the court in cases involving disabled children. There is a difficult balance to strike where the risk posed to children is the result of their own condition rather than the standard of care given to them. The local authority has statutory duties towards the child and it is not unusual for tensions to arise between them and the parents as everyone tries to do what they perceive to be the best for the child.

Hedley J observed that cases concerning seriously disabled children do not sit easily or conveniently within Part IV of the Children Act. Legal proceedings can (further) damage relationships between families and professionals and the courts will often have a very limited contribution to make.

One issue is whether the s31 threshold is crossed -...

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